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Slezhenkov V.V., Lakeev A.E. The Constitutional Control System in Portugal: Preconditions of Forming and Features of Functioning

DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.22

Vladimir V. Slezhenkov, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Constitutional and Municipal Law, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-2863-6014

Andrey E. Lakeev, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Philosophy, Bioethics and Law with the Course of Sociology of Medicine, Volgograd State Medical University, Pavshikh Bortsov Sq., 1, 400131 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. https://orcid.org/0000-0003-3851-2207 


Introduction: the scientific interest in the study of the specifics of the Portuguese constitutional control system is predetermined by insufficient knowledge of the relevant issues in the Russian legal doctrine, the uniqueness of the historical prerequisites for the formation of this system and its subsequent development, the importance of the role in the context of the transition from authoritarianism to democracy. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main are the methods of historicism, systematic analysis and comparative law. Results: the study identified the ideological and historical factors that had influenced the formation of the considered constitutional control system, conducted its comparison with the foreign practices, analyzed the basics of its regulatory framework, and determined the features of its functioning. The research substantiates the conclusions about the Portuguese constitutional court’s having exclusively broad powers, about the democracy of the considered system, the combination of signs of decentralization and centrality in it with the priority of the latter, the special nature of the considered system, which is significantly different from the foreign analogues.

Key words: constitutional control, constitutional justice, constitutional court, Portugal, comparative constitutional law.

Citation. Slezhenkov V.V., Lakeev A.E. The Constitutional Control System in Portugal: Preconditions of Forming and Features of Functioning. Legal Concept, 2019, vol. 18, no. 1, pp. 157-161. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.22

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